Q: Can a married couple live abroad during the filing of consular processing?
Say the US citizen and the beneficiary would like to live together after marriage, but in a country different than the beneficiary's home country. Can the couple process their case at the new country of residence? For example, my wife is from France and we'd like to live together in Canada during the process. Thank you.
A:
Yes, a married couple can live abroad during the filing of consular processing. The consular processing for an immigrant visa allows for the beneficiary to apply for a visa through a U.S. embassy or consulate in their home country or in any other country where they are lawfully present.
However, it is important to note that the process for consular processing may vary depending on the country of residence and other factors, and the specific rules and procedures may depend on the country where the couple is living. Therefore, it may be helpful to consult with an immigration attorney or contact the U.S. embassy or consulate in the country where you would like to reside for more information on the specific requirements and procedures for consular processing in that country.
It is also worth noting that if the U.S. citizen spouse is planning to live abroad for an extended period of time, they may need to demonstrate that they have not abandoned their U.S. residence for immigration purposes. This may involve providing evidence of ongoing ties to the United States, such as property ownership, employment or business interests, and family connections, among other factors.
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